9.—(1) This article applies where—
(a)a convertible devolution issue has, before the relevant date, been determined by a court of two or more judges of the High Court of Justiciary (whether in the ordinary course of proceedings or on a reference under paragraph 9 of Schedule 6 to the 1998 Act); and
(b)no application has by that date been made to that Court for permission to appeal under paragraph 13(a) of that Schedule.
(2) In relation to such a case, section 288AA(7) of the 1995 Act has effect as if the reference to the date of determination against which the appeal lies were a reference to 22nd April 2013.